Ex parte MASUMOTO et al. - Page 7




          Appeal No. 96-2056                                                            
          Application No. 08/210,139                                                    


          to disclose the same process parameters as recited in the                     
          claims on appeal, i.e., the alloy powder is loaded into a                     
          metal mold and put under pressure for 20 minutes at 550EK.                    
          The specific alloy composition of Example 3 in the reference                  
          is Al Ni La , which is within the scope of General Formula (I)                
               35 15  50                                                                
          as recited in each of claims 11-14.  From Figures 3-5 in                      
          Masumoto ‘935, the values for the specific alloy composition                  
          of Example 3 can be determined as T =approximately 515EK.,                    
                                              g                                         
          T =approximately 575EK., and (T -T )= 60EK (see also column 5,x                             x g                                           
          lines 25-28).  Accordingly, the temperature of 550EK. and time                
          of 20 minutes disclosed in Example 3 of the reference meets                   
          the process limitations of claims 11 and 13 (a temperature                    
          greater than T  but less than T  for a time up to (T -T ) ing                x                  x g                      
          minutes) and claims 12 and 14 (a temperature greater than Tg                  
          and less than (T +T )x b for a time up to (T -T )x a inx  g                      x  g                             
          minutes).  The disclosure of Masumoto ‘935 in Example 3 of                    
          loading the alloy powder into a metal mold under pressure                     
          meets the claimed limitations of “producing a pressure                        
          difference between opposite sides of the material, whereby the                
          material is brought into close contact against a forming mold                 
          disposed on one side of the material” (claims 11 and 12) and                  
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